Plaintiff is unmarried want a legal heir to be appointed before death ?
Kumar Krishan Agarwal Advocate
(Querist) 03 March 2012
This query is : Resolved
Dear Sir,
1. I have contesting a personal property partition civil suit of my elder aunty (mosiji) who is plaintiff and filed by her against all the defendant parties of the joint property. My mother (defendant no.4) was died and the court allowed making me as a only legal heir of my mother share as defendant no. (4/1). Now the suit is going on but the plaintiff wants a legal safeguard for future uncertainty of time as she is single and has no one trust relative besides me as defendant no.4/1.
2. So how can i make a safeguard for my aunty (plaintiff) share if she dies unfortunately then the court will allow the same name substitution of me as a legal heir / legal representative of the Plaintiff Share in the property as Plaintiff no.1/1. and the civil suit will not abate due to death of the plaintiff.
3. Can I get make a Will-Deed of my aunty & get registered so that if she dies then the WILL will help me & give me the power also to make me a legal heir in the same suit a substitution allowed as I already made as defendant no.4/1. ?
V R SHROFF
(Expert) 03 March 2012
WILL is the best option.
Deepak Nair
(Expert) 03 March 2012
Yes. She can execute a will in your favour.
But, if the property is ancestral, all other legal legal heirs too can claim their right on the property. In that case, the will has no value.
Raj Kumar Makkad
(Expert) 03 March 2012
Your aunt can give you POA fo her life time and can get registered a will deed favouring you as desired. There shall not be any legal problem while defending the suit.
Adv.R.P.Chugh
(Expert) 03 March 2012
Execute a will - however the proceedings in such case never abate - and you as a defendant can ask for transposition to the side of plaintiff (Or. 22 - if i am not wrong) and then contest the suit. Her share/title/interest would devolve upon you by the said will + in addition to your already existing interest.
prabhakar singh
(Expert) 03 March 2012
Yes!In a suit of partition any defendant can seek his transposition as plaintiff.So well get your self transposed as co plaintiff just now . Your Maasiji can testate a WILL
in your favor,if she desires so,and can even plead in her plaint about her WILL in your favor,that shall leave no room of litigation about WILL after her death.
Hence let first your maasiji make a will then let the factum of of WILL come on record of case either by amendment in plaint or by an affidavit made by her in the case.As last step you may seek your transposition as plaintiff in th case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 March 2012
